Quick Wins In Age Bias Suits A Long Shot Under EEOC Rule

Law360, New York (March 29, 2012, 9:44 PM EDT) -- The U.S. Equal Employment Opportunity Commission issued a final rule Thursday clarifying the “reasonable factors other than age” defense standard under the Age Discrimination in Employment Act that attorneys say will make it harder for employers to use the defense and nearly impossible for them to win summary dismissal of age bias cases.

The final rule aims to bring EEOC regulations in line with U.S. Supreme Court rulings that said plaintiffs in ADEA cases could rely on a disparate impact theory but that the business necessity...
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